General Terms and Conditions of the jetveo Platform

These General Terms and Conditions represent a set of rights and obligations associated with access to the jetveo platform, the operator and owner of which is AppNow.io s.r.o., Company ID No.: 02769875, with its registered office at Rybářská 814/30, Brno 603 00, Czech Republic, registered in the Commercial Register kept at the Regional Court in Brno, under file ref. C 82420.

  1. Definition and Application of the General Terms and Conditions

    1. The terms used in these General Terms and Conditions shall have the following meanings unless otherwise indicated for a particular term:

      Application

      Shall mean the software created by the Platform based on Metadata provided by the User and running in the Platform environment.

      Copyright Act

      Shall mean Act No.121/2000 Coll., the Copyright Act, as amended.

      Price List

      Shall mean an overview of the prices of each level of the Applications, set out in the section marked as the price list on the Website.

      End User Data

      Shall mean any inputs entered by the End User into the Application, such as their registration details.

      VAT

      Shall mean value added tax within the meaning of Act No.235/2004 Coll., on Value Added Tax, as amended.

      Billing Period

      Shall mean the period during which the Service is provided to the Customer and for which the Customer is charged the price of the Service according to the Price List.

      Jetveo

      Shall mean the operator of the jetveo Platform, which is the trading company AppNow.io s.r.o., identified in the header of the General Terms and Conditions.

      End User

      Shall mean the end user of the Application to whom the Application has been made available by the User.

      Contact Email

      Shall mean the Customer’ s email address specified in the Customer Account and used for jetveo’ s communication with the Customer.

      Metadata

      Shall mean all inputs entered by the User into the Platform for the purpose of creating the Application, in particular a summary of programme code, settings, multimedia, and textual content.

      GDPR Regulation

      Shall mean the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (a text with EEA relevance).

      Civil Code

      Shall mean Act No.89/2012 Coll., the Civil Code, as amended.

      General Terms and Conditions

      Shall mean these General Terms and Condition of the Platform.

      Platform

      Shall mean an online cloud platform which allows Customers to create, run and make available to End Users their own Applications. The Platform allows for low-code configuration of Applications within Customer Accounts, contains predefined modules, libraries and elements, and is also the sum of the hardware and software infrastructure in which the Applications subsequently run.

      Jetveo Terms of Service for Users

      Shall mean the terms of access to the Platform and Applications for Users and End Users. These terms and conditions are available from jetveo.io/terms.

      Service

      Shall consist in making the Platform available to the Customer, enabling the Customer to develop and operate Applications on the Platform and making the Applications available to the Customer’ s End Users.

      User

      Shall mean the Customer and any other person whom the Customer adds as a user to the Platform and authorises to upload Metadata and develop Applications.

      Website

      Shall mean the jetveo’ s website available at jetveo.

      Customer Account

      Shall mean the user environment of the Platform in which Users can access the Platform, create Applications and which serves to the Customer’ s data which the Customer may change and modify through the Customer Account.

      Customer

      Shall mean an entrepreneur who has created a Customer Account and to whom jetveo provides the Service.

      Act on Certain Information Society Services

      Shall mean Act No.480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts, as amended.

    2. In the event that any individual agreement is concluded between jetveo and the Customer which deviates from the wording of the General Terms and Conditions, any such individual agreement shall prevail over the provisions of the General Terms and Conditions.

    3. Important: Providing the Service shall be governed by the General Terms and Conditions. By creating a Customer Account and checking the consent to the General Terms and Conditions, the Customer confirms that they have read the General Terms and Conditions, understand their content and undertake to comply with them.

    4. Important: The Customer shall acquaint each User with the General Terms and Conditions and shall ensure that the User complies with the General Terms and Conditions. Any breach of the General Terms and Conditions by the User shall be deemed as a breach by the Customer.

    5. Important: Only be an entrepreneur (legal entity or natural person) may act as the Customer. The Platform is intended exclusively for entrepreneurs to use in association with their business activities. Jetveo does not provide the Service to consumers. Jetveo reserves the right not to set up a Customer Account for non-entrepreneurs and in the event that it is determined that the Customer is not an entrepreneur, Jetveo is entitled to cancel the Customer Account and terminate the provision of the Service.

    6. Important: These General Terms and Conditions shall serve as the only terms and conditions applicable to govern the relations between jetveo and the Customer and expressly exclude the application of any other terms and conditions of the Customer unless jetveo has given its prior written consent to the application of the Customer’ s terms and conditions.

    7. Important: Jetveo reserves the right to unilaterally change the General Terms and Conditions or the Price List in order to improve the quality of the services provided, following the development of the legal environment, the development of technology and taking into account the continuous development of the Platform and its functionalities. In the event of any such change, Jetveo shall notify all Customers of the change to their Contact Email at least 1 month prior to the planned change. In the event that the Customer disagrees with the change, the Customer shall be entitled to modify the settings of their Customer Account so that they are not affected by the change, or the Customer shall be entitled to discontinue accessing the Platform and thereby terminate the Service in accordance with the terms and conditions set out below. The termination of the Service or adjustments to Customer Account settings shall be made no later than the effective date of the notified change. Otherwise, the Customer shall be deemed to have accepted the changes and all changes shall become binding on the specified date.

  2. Customer Account and the Provision of the Service

    1. The Customer and jetveo shall enter into a contract for the provision of the Service as of creating the Customer Account. The Service is to be provided from the date of creating the Customer Account.

    2. The Customer Account shall be created once the Customer first logs into the Customer Account.

    3. Creating a Customer Account is free of charge and is only possible through the registration form available on the Website or later by the Customer in the Customer Account environment in the cases set out below. The Customer shall complete the Contact Email into the Contact Form, while they may also opt to complete the name and account name. In the event that the Customer fails to specify the name and the Customer Account’ s name, the name and the Customer Account’ s name will be created on the basis of the prefix of their Contact Email.

    4. In order to complete the registration of the Customer Account, the Customer shall familiarise themselves with the wording of these General Terms and Conditions and other documents related to the provision of the Service and agree to their wording. Unless the Customer expresses the agreement, the registration process cannot be completed and the Customer Account will not be created. The Customer may not claim to have the Customer Account created.

    5. The Customer shall provide complete and accurate information when registering a Customer Account and shall keep such information accurate and current throughout the provision of the Service. The Customer shall be liable for the accuracy and completeness of the information. In the event that incorrect, incomplete or not updated data is provided, Jetveo shall not be liable for the non-functionality of the Platform, its features or Applications and End Users’ use thereof.

    6. Upon completion of registration, the Customer will receive a confirmation email with the Customer Account login details together with a link to access the Customer Account. The Customer can make the first login to the Customer Account via the link.

    7. The Customer shall secure the Customer Account with a password and jetveo shall not be liable for any breach of the Customer Account due to failure to change, insufficient security, or leakage of the password.

    8. When the Customer first logs into the Customer Account, the Customer will be introduced to the Customer Account user environment through a tutorial. Jetveo recommends that you familiarise yourself with the tutorial.

    9. Important: If the Customer Account is opened by a natural person for the benefit of a legal entity, then the Customer is the legal entity. The natural person acting on behalf of the legal entity, when opening the Customer Account and subsequently within the Platform, shall declare that they are authorised to act on behalf of the legal entity to the extent necessary. In the event that the relevant authorisation of the natural person is not available or proves invalid, the Customer Account shall belong to the natural person and the Service shall be provided to the natural person.

  3. Application and the Price of the Service

    1. The price of the Service shall depend on the number of Applications and their level of functionality.

    2. Jetveo allows you to create two levels of Applications within the Platform depending on their features, namely Free Applications and Standard Applications. Both Free and Standard Applications are intended for commercial use.

    3. The services associated with the Free Application are free of charge. The Free Application has only a limited range of features and is limited to a maximum number of End Users. The Customer acknowledges these facts and understands that in such a case, it is not a defect of the Platform or the Service and is not entitled to any compensation for these limitations.

    4. The services associated with the Standard Application are charged in accordance with the Price List following the specific number of End Users and depending on the optional features selected by the Customer. The Customer can view the total price for a specific Application in the Customer Account in the menu of the specific Application.

    5. The specific prices and features of the Applications are always provided in the current Price List on the Website.

    6. The Customer may switch from the Free Application to the Standard Application at any time. The Customer can make the change in the Customer Account in the menu of the specific Application.

    7. In addition to offering the Free Application and Standard Application tiers, jetveo also offers a personalised Service and personalized Platform options. This Service is based on the Customer’ s individual request and jetveo’ s offer. This Service is to be established only on the basis of an individual agreement between Jetveo and the Customer and will be subject to a separate contract. These General Terms and Conditions shall apply to any such contract mutatis mutandis.

    8. Important: In the event that the limits of the Free Application features are exceeded (in particular, exceeding the number of End Users), the Customer will be notified and the Free Application level will be automatically changed to the Standard Application level the day after the limits of the features are exceeded. The Customer may terminate the Application following the change. In this case, the Customer will only pay the price of the Application for one Billing Period.

    9. Important: You cannot switch back to a Free Application from a Standard Application, even if the functionality of a particular Application or the number of End Users is equivalent to that of a Free Application.

    10. Important: Jetveo reserves the right to limit the maximum number of Free Applications within the Platform. In the event that the limit of Free Applications is reached, the Customer will be notified that the limit has been reached and no further Free Applications can be created.

    11. Important: Jetveo reserves the right to change the Price List and features of the Applications (change the maximum number of End Users, monthly price, etc.), both by expanding and contracting them. In the event of any such change, it shall be a change in accordance with Clause 1.7 of the General Terms and Conditions.

  4. Restrictions on Free Applications

    1. Important: With respect to the fact that the Applications under the Free Applications plan are not chargeable under the Service, jetveo shall not be liable for their proper operation, shall not provide support or maintenance for these Applications, shall not be liable for their availability, and shall not guarantee any of their functional, non-functional, or any other parameters. At the same time, Jetveo shall not guarantee any uptime of the Applications under the Free Application plan.

    2. Important: The Customer hereby agrees that jetveo may display advertising and promotional offers of jetveo and its affiliates to End Users on the Applications under the Free Application plan. Any proceeds from such advertising shall belong solely to jetveo. The selection of advertising content is at Jetveo’ s sole discretion.

  5. Payments

    1. All prices in any quotation or Price List are always exclusive of VAT unless it is expressly stated next to the specific amount that it includes VAT. Jetveo is a VAT payer and VAT may be added to the price in accordance with generally binding legal regulations.

    2. Upon activation of the first Standard Application, the Customer shall complete their billing information and enter the payment method – the Customer may select the payment by credit card, PayPal account, or bank transfer based on an invoice issued by jetveo. In the event that the Customer fails to enter their billing details, they will be prompted to do so by a notification in the Customer Account. It is not possible to provide the Service at the Standard Application level without providing billing information.

    3. The Customer shall always pay for the Service per Billing Period. The Billing Period shall commence on the first day of activation of the first Standard Application, shall last for 30 calendar days and shall be the same for any subsequent activated Standard Applications. Any additional Standard Application activated during the current Billing Period shall be billed at the end of the Billing Period for a prorated amount based on the number of days in the Billing Period in which it was activated.

    4. Important: The price of the Service shall always be determined for the entire Billing Period, regardless of when the Customer makes changes to the Applications affecting the price. Thus, if the Customer increases, for instance, the number of End Users or expands the Application with optional features within the Billing Period, even repeatedly, the price will be determined as the price for the maximum number of features (or the number of End Users) which the Customer achieves for a particular Application within the Billing Period. With respect to the above, Customers are advised to make any changes to Applications affecting the price preferably at the beginning of the Billing Period or, in the case of removal of End Users of an Application, at the end of the Billing Period.

    5. Important: The payment for the Services is to be made in accordance with the payment method selected. In the case of payment by credit card or PayPal account, the payment will be made as follows:

      1. At the end of the last day of the Billing Period, the payment for the specific Billing Period is automatically made according to the current Price List and the number and scope of Standard Applications. The payment will be made by debiting a specific amount from the Customer’ s credit card or PayPal account.

      2. In the case of the failure of the automatic payment, another attempt will be made the following day. If the payment is not successful the second time, a third and final automatic attempt will be made on the third day after the end of the Billing Period.

      3. In the event that payment is unsuccessful on the third retry, a notification message will be sent to the Customer’ s Contact Email notifying the Customer that unless the payment is made within the 5-day grace period, all of the Customer’ s Applications (including Free Applications) will be suspended upon expiration of the grace period.

      4. In the case of successful payment, the Customer will receive a confirmation to the Contact Email along with a link to download the electronic tax document. By doing so, the Customer agrees that the tax document will only be sent to them in the electronic form.

    6. Important: In the case of payment by bank transfer, the payment will be made as follows:

      1. Jetveo will issue an invoice for the Services at the end of the Billing Period, payable within 7 days, and send it to the Contact Email.

      2. In the event that the Customer fails to pay the invoice by the due date, a notification message will be sent to the Customer’ s Contact Email notifying the Customer that unless payment is made within the 5-day grace period, all of the Customer’ s Applications (including Free Applications) will be suspended upon expiration of the grace period.

      3. In the case of successful payment, the Customer will receive a confirmation to the Contact Email. The Customer hereby agrees to be sent an invoice in the electronic form only.

    7. Important: If the Customer’ s default in the payment results in the suspension of the Applications, the Customer will not be able to modify the Applications and they will also be unavailable to End Users.

    8. Important: If the outstanding payment is made at least by the end of the Billing Period immediately following the Billing Period for which the Customer has not made payment in a timely manner, the Applications will be reinstated for the next Billing Period. Otherwise, Jetveo reserves the right to cancel the Customer’ s Customer Account.

  6. Term and Cancellation of the Service and Customer Account Cancellation

    1. The Service is to be provided for the term of the active Customer Account. The termination of the Service shall take place on the date of cancellation of the Customer Account.

    2. The Customer Account will be cancelled if:

      1. The Customer fails to make payment and the case referred to in Clause 5.8 of the General Terms and Conditions occurs;

      2. A Customer Account containing only Free Applications will become inactive within the meaning of Clause 6.3 below;

      3. Jetveo discovers any violation of the General Terms and Conditions, legal regulations or any other terms and conditions to which the Customer has agreed and undertaken to comply with, in particular, yet not exclusively, the terms and conditions of use of the Platform and Applications pursuant to Article 7 of the General Terms and Conditions;

      4. Jetveo discovers that a Customer, User, or End User is using the Platform or the Applications in a manner otherwise incompatible with the public policy and/or good morals. The assessment of any non-compliance is entirely at jetveo’ s discretion and will reflect the values upon which Jetveo is built;

      5. Either Party may terminate the provision of the Service by means of a 3 months’ written notice without providing any reason. The notice period under this clause shall commence on the last day of the calendar month in which the written notice of termination is served onto the other Party.

    3. A Customer Account containing only Free Applications will become inactive if:

      1. Neither the Customer nor any other User logs into the Customer Account for a period of 3 months from the last login; or if

      2. No Customer, other User, or End User shall use or create any Application associated with a Customer Account for more than 30 days.

    4. In the event of the possibility of cancellation of the Customer Account for the reason set out in Clause 6.2.2, jetveo undertakes to provide the Customer with at least 10 days’ notice of the threat of cancellation of the Customer Account and provide the Customer with time to remove the grounds for cancellation of the Customer Account. In the event that the situation is remedied within the aforementioned period, the Customer Account will not be cancelled. In the event that the remedy is not made within the above period, the Customer Account shall be cancelled upon its expiry.

    5. In the event that the Customer Account may be cancelled for the reasons set out in Clauses 6.2.3 and 6.2.4 above, jetveo shall be entitled to cancel the Customer Account immediately and to notify the Customer of the cancellation without undue delay. This shall not exclude jetveo’ s capacity, in the case of less serious breaches, to proceed in accordance with Clause 6.4 and invite the Customer to rectify the issues in advance.

    6. Important: In the event of cancellation of the Customer Account, the Customer’ s access to the Customer Account will be blocked and all Applications will be suspended. At this point, the Customer and other Users will lose the possibility to access the Platform, Jetveo’ s obligation to provide the Service will cease, and the Applications (including the termination of End Users’ access) can no longer be accessed.

    7. Important: Jetveo will retain the Applications, Metadata and End User Data in a retrievable form for a period of one month following termination of the Customer Account. Upon expiration of this period, jetveo will delete all Applications, Metadata and End User Data without the possibility of recovery.

    8. Important: Upon cancellation of the Customer Account, the Customer is entitled to serve onto jetveo a written request for the transfer of the Metadata and End User Data within 20 days of the cancellation. In such a case, jetveo undertakes to transfer the Metadata and End User Data to the Customer in machine-readable form by appropriate technical means as selected by Jetveo. In the event that this period expires in vain, the Customer’ s right to the handover of the Metadata and End User Data shall expire and Jetveo shall be entitled to delete it. In such a case, the Customer shall not be entitled to any compensation for any damage incurred as a result of the deletion of the Metadata and End User Data.

    9. Important: The Customer is not entitled to the transfer of the Applications associated with the Customer Account.

    10. Important: In the event of cancellation of the Customer Account, the Customer shall be obliged to settle their rights and obligations in relation to any other Users and End Users. Jetveo shall not be obliged to provide any assistance to the Customer in this regard and shall not be liable for the Customer’ s obligations in relation to any such persons.

  7. Terms and Conditions of Using the Platform and Applications

    1. The Customer is the person authorised to access the Customer Account, Platform, and Applications.

    2. If the Customer becomes aware that access data to the Customer Account has been lost, stolen or misused, or that a third party is violating the terms and conditions of the Platform, or if the Customer discovers any security loophole or vulnerability in the Platform, the Customer hereby agrees to notify Jetveo without any undue delay and not to disclose or make such information available to a third party or not to misuse it for the benefit of the Customer or a third party.

    3. The Customer shall be fully liable for the content of the Applications, their settings and the proper setup of the related services performed through the Platform.

    4. Important: The Customer shall be liable to jetveo for the actions of all persons to whom the Customer has granted access to the Platform, including the Applications. Jetveo shall not be liable for the actions of any such persons within the Platform, including the Customer Account and the Applications.

    5. Important: The Customer shall not store information on the Platform or allow the transmission of information which is strikingly similar to third party services or applications in order to confuse or mislead Internet users (phishing). The Customer shall not distribute computer viruses, malware, Trojan horses, time bombs or other malicious applications within the Platform.

    6. Important: The Customer shall not configure or make available to third parties within the Platform Applications which are threatening, obscene, harmful to health, pornographic or otherwise illegal in nature or which place an unreasonable burden on the Platform, such as digital currency mining applications or any other applications using the Platform resources beyond those of normal applications, or third party resources, such as network attacks (DoS and similar attacks) or otherwise.

    7. Important: The Customer undertakes not to violate or circumvent the limits of the Applications, the terms and conditions of the Platform, or the security measures of jetveo’ s software and infrastructure in any manner, not to misuse third party’ s Customer Account credentials, not to attempt to access (and not to access) the sections of the Platform to which Customer does not have proper permissions, and not to conduct cyber-attacks on the Platform.

    8. Important: The Customer shall not intentionally or negligently overload the Platform beyond the normal usage of the average customer. In particular, it is forbidden to access the Platform via robots or automated scripts. Furthermore, the Customer shall not perform any penetration testing of the Platform.

    9. Important: The Customer shall be fully liable for the content of the Metadata and End User Data, regardless of who provided and uploaded the Metadata and End User Data to the Platform under their Customer Account or through their activated Applications. In particular, the Customer undertakes that they have all rights to the Metadata, End User Data and all components thereof, may use it for commercial Applications and that it does not contain inappropriate, illegal or otherwise harmful content.

  8. Copyright

    1. The Customer represents that they have all rights to the Metadata and End User Data necessary to create and use the Applications within the Platform. The Customer hereby grants jetveo a non-exclusive, non-territorial and non-quantitative licence to use the Metadata and End User Data in all known manners for the purpose of automated creation of Applications from the Metadata via the Platform and making them available to User’ s designated End Users via the Internet. The licence shall be granted from the moment of opening the Customer Account for the duration of the provision of the Service. In particular, Jetveo shall be entitled to store, reproduce and disclose the Metadata and End User Data to the public for the purposes set out in this clause.

    2. Jetveo shall create Applications for the Customer from the Metadata using the automated features of the Platform.

    3. Jetveo undertakes to provide the Customer, Users and End Users with access to the Platform and the Application as part of the Platform via the Internet for the duration of the provision of the Services. This entails the provision of the Service, which is also known professionally as the Platform as a Service and Software as a Service. The Application constitutes the intellectual property of Jetveo and Jetveo and its employees and associates shall exclusively exercise the copyright in the Application. Jetveo does not grant the Customer any usage rights to the Platform or the Application.

    4. Access to the Platform and Applications by Users and End Users shall be subject to the jetveo Terms of Service for Users. The Customer undertakes to make all Users and End Users aware of the jetveo Terms of Service for Users and not to make the Platform or Applications available to them before they undertake to comply with them. If the Customer provides End Users with access to the Applications under their own terms and conditions, the Customer’ s terms and conditions shall not conflict with the Jetveo Terms of Service for Users. A breach of the Jetveo Terms of Service for Users by a User or End User shall be deemed as a material breach of the General Terms and Conditions by the Customer.

    5. Upon the Customer’ s written request, jetveo shall provide a copy of the Metadata in machine-readable form to the Customer at any time during the provision of the Service using appropriate technical means selected by jetveo.

    6. Jetveo undertakes not to provide access to the Applications to third parties other than the Customer, Users and End Users and undertakes not to use the Metadata to create applications for third parties.

    7. The Customer is entitled, yet not obliged, to provide jetveo with suggestions and ideas for improvements, feature requests or any other feedback regarding the Platform. In return for any feedback voluntarily provided by the Customer, the Customer hereby grants jetveo and its affiliates a royalty-free, non-exclusive, worldwide, irrevocable licence for the term of the copyright, without any quantitative limitations, to use the feedback in all known manners, including reproduction, modification, distribution (through multiple tiers of distributors or any other partners), disclosure to the public , licensing to third parties, and sublicensing to third parties (through multiple tiers of sub-licences). Jetveo and its affiliates are authorised to assign this licence to a third party. Jetveo and its affiliates are not obliged to use the licence. The Customer is not entitled to royalties or any other type of remuneration in association with the licence.

  9. Operating the Platform

    1. Platform Accessibility:

      1. Jetveo reserves the right to restrict or suspend the operation of the Platform and access to the Customer Account in certain cases, whether planned or unplanned. This includes, without being limited to, the cases where:

      2. Jetveo performs inspections, maintenance or replacements of the software or hardware used to operate the Platform, or measures to prevent outages, limitations, interruptions or deterioration of the quality of the Platform’ s services. Jetveo will always notify the Customer in advance of any planned downtime by means of a notification in the Customer Account;

      3. There is unavailability due to downtime, technical failure, acts of third parties (e.g. our hosting providers, etc.), connectivity issues in Internet networks, Force Majeure, governmental measures, acts of terrorism or civil unrest, denial of service, or any other attacks on the Service;

      4. Jetveo detects any malware, malicious code or activity within a Customer Account, including any suspicion;

      5. The Customer violates these General Terms and Conditions or any other rule or regulation governing the use of the Platform.

    2. Backup of Customer’ s Data:

      1. Jetveo shall back up the Platform on a regular basis, including Applications, Metadata and End User Data.

      2. Important: The backed up data will be stored for 24 hours. If there is such a failure or outage of the Platform that the data is corrupted, jetveo will restore the data from the last backup. This may result in the loss of some of the data uploaded by the User or End User since the last backup. The Customer hereby acknowledges and agrees to this.

    3. Basic Technical Support:

      1. Jetveo provides technical support for Standard Applications. In the event of issues with the Standard Applications, the Customer may contact technical support using the contact details available from the Support section of the Website. Jetveo undertake to use its best efforts to resolve support requests for Standard Applications as soon as possible taking into account the severity of the request.

    4. Applications and the End User Data uploaded to them run on the Platform in separate instances and are technically completely isolated from one another.

    5. Important: In the event that the Platform malfunctions due to reasons attributable to the Customer, the Customer undertakes to pay jetveo the costs of removing any such defect. In other cases, jetveo shall bear the costs associated with the removal of the defect of the Platform.

  10. Other Rights and Obligations of the Contracting Parties

    1. The Customer acknowledges that jetveo shall not be liable for the content of information stored by the User and the End User in accordance with Section 5 of the Act on Certain Information Society Services.

    2. In the event that any third party asserts rights against jetveo in association with the Metadata or End User Data, jetveo shall be entitled to promptly remove the contents of any such information. In such a case, the Customer shall not be entitled to have it restored.

    3. Jetveo shall be entitled to use the trademarks, business company, trade name and name of the Customer for marketing purposes as references in all types of promotional materials (regardless of the form of any such promotional materials or the form in which they are communicated). The Customer may withdraw this consent by written notice to Jetveo. In such an event, Jetveo shall cease using the references and remove them from the promotional materials.

    4. The Customer agrees to receive information related to the jetveo Services at the Contact Email.

    5. Important: jetveo may, at any time, from time to time, and at its sole discretion, and without prior notice, update the software or infrastructure used to operate the Platform and the Customer Account. This may include, for instance, changing, improving or modifying the graphical user interface or designating a feature as obsolete and replacing it with a new feature. Jetveo strives to keep the Platform and Customer Account up-to-date in terms of appearance, features and technical specifications so as to provide a good experience for individual Customers. Jetveo will primarily perform any such updates during scheduled service outages.

  11. Liability for Defect and Damages

    1. The Customer shall be liable for all damage incurred by jetveo or any other third party as a result of the loss, misuse or theft of Customer Account access data, unless caused by jetveo.

    2. Important: To the maximum extent permitted by applicable law, neither jetveo nor its suppliers shall be liable for any failure of the Platform, loss of data, failure of security mechanisms, business interruption, or any direct or indirect losses of any kind (including lost profits), whether based on breach of contract, tort (including negligence), strict liability or otherwise, even if Jetveo has been advised of the possibility of any such losses in advance.

    3. Important: Unless the Customer has entered into an individual contract with jetveo for this purpose within the meaning of Clause 3.7 of these General Terms and Conditions, the Customer shall not use the Platform and provide access to the Applications to End Users for activities which could reasonably be expected to result in personal danger or injury, death or catastrophic loss in the event of a failure of the Platform or the Applications (for example, use in hospitals, aviation industry, power plants, etc.).

    4. Important: The Customer acknowledges that jetveo shall not be liable for the functionality of the Applications on End Users’ devices, the functionality of the public data network, or the functionality of Customer’ s hardware or software.

    5. Important: In the event that the Customer, or any other User or End User, breaches any obligation, in particular the copyrights or licence terms of third parties, legal regulations or the terms and conditions of the law applicable to the breach, and jetveo suffers damage as a result of any such breach, the Customer shall be obliged to compensate for such damage in full.

    6. Important: If jetveo is required to indemnify the Customer in association with jetveo’ s liability for defects in performance or breach of contract, unless the damage is attributable to jetveo’ s intent or gross negligence, the Contracting Parties have agreed to limit the compensation for any such potential damage, including lost profits, incurred by the Customer so that the total compensation is limited to the amount of the price actually paid by the Customer for the Service for the most recent Billing Period. Alternatively, if the Customer has not yet activated any Standard Application and the Billing Period has not commenced, the total compensation for damage is limited to the amount of EUR 100. The Contracting Parties acknowledge, taking into account all the circumstances, that the aggregate foreseeable damage which the Customer may incur as a result of defects in performance may not exceed the above amount. Should the Customer believe that the Customer may incur a higher amount of damage, they shall request individual terms and conditions from Jetveo to be agreed by the Contracting Parties in a separate contract in accordance with Clause 3.7 of these General Terms and Conditions.

  12. Information Confidentiality

    1. For the purposes of this Article, the Contracting Party which has provided Confidential Information to the other Contracting Party shall be referred to as the Disclosing Party and the Contracting Party which has received Confidential Information from the Providing Party shall be referred to as the Receiving Party.

    2. The Disclosing Party’ s Confidential Information shall include:

        1. Trade secrets of the Disclosing Party within the meaning of Section 504 of the Civil Code;

        2. Information contained in contractual documentation to which the Disclosing Party is a Contracting Party;

        3. Its non-public technical and production data, internal regulations, computer software, source and machine codes of computer software, data files, know-how, analyses, algorithms, inventions and discoveries, opinions, project plans and conceptual materials;

        4. Information about its financial or economic situation;

        5. Its advertising ideas and suggestions;

        6. Information about its employees, customers or business partners;

        7. Personal data processed as a controller or as a processor for third parties other than the Receiving Party; and

        8. Any other information which the reasonably intelligent person would consider confidential with respect to its content or the manner in which it was provided to the Receiving Party.

    3. The duty of confidentiality shall not apply to the Confidential Information of the Disclosing Party:

      1. Which was demonstrably known to the Receiving Party from sources other than the Disclosing Party and which was not obtained through a breach of the duty of confidentiality;

      2. The disclosure, availability or use of which has been allowed by the Disclosing Party by means of the prior written consent granted to the Receiving Party; or

      3. Which the Receiving Party has disclosed, made available or used by reason of an obligation imposed on it by law or by a public authority.

    4. The Receiving Party has an obligation to maintain the confidentiality of all Confidential Information of the Disclosing Party. This means in particular:

        1. Not to disclose or make available such Confidential Information to any third party; and

        2. Not to use is for any purpose other than to provide the Services.

    5. Notwithstanding Clause 12.4 of these General Terms and Conditions, the Receiving Party shall be entitled to disclose the Disclosing Party’ s Confidential Information to a third party for the purpose of providing the Services, provided that it binds any such third party to confidentiality obligations to the same extent as it is bound by the General Terms and Conditions. However, if any such third party breaches the confidentiality obligation, the Receiving Party shall be liable to the Disclosing Party for the breach as if it had committed the breach itself.

    6. If Confidential Information is disclosed or made available to an unauthorised third party, the Receiving Party shall immediately notify the Disclosing Party and take the necessary measures to minimise the harmful consequences.

  13. Personal Data Processing

    1. Processing Users’ personal data by jetveo, as the data controller within the meaning of the GDPR, shall be governed by the Privacy Policy available from the Website. The Customer undertakes to notify all Users of this processing at least by referring Users to Jetveo’ s Privacy Policy prior to making the Platform available to them.

    2. Processing personal data by jetveo, acting as a processor of personal data for the Customer as a data controller within the meaning of the GDPR, shall be governed by the terms and conditions of processing personal data available from the Jetveo Website. These terms and conditions shall form part of the General Terms and Conditions and the contract between Jetveo and the Customer within the meaning of Article 28 of the GDPR. By creating a Customer Account, the Customer declares that they have read, understand and agree to the content of the terms and conditions for processing personal data.

    3. Important: In the absence of a prior individual agreement between the Contracting Parties within the meaning of Clause 3.7 of these General Terms and Conditions, the Customer undertakes and warrants that no User or End User will upload data, including Metadata and End User Data, containing special categories of personal data within the meaning of Article 9 of the GDPR or personal data relating to criminal convictions and criminal offences within the meaning of Article 10 of the GDPR to the Platform. A breach of this paragraph shall be deemed as a material breach of contract.

  14. Communication between the Contracting Parties

    1. The written form of communication between jetveo and the Customer shall also be deemed to be a simple electronic communication via the contact e-mail address listed below or by electronic message with a simple electronic signature within the meaning of the eIDAS Regulation. A written form of communication is required unless it is expressly agreed elsewhere that the less formal communication is sufficient.

    2. Unless otherwise expressly agreed, all messages, notices, invitations or any other communications shall be served onto the following contact e-mail addresses:

      1. The Contact Email in the case of the Customer;

      2. Info@jetveo.io in the case of jetveo.

  15.   Final Provisions

    1. The relation between jetveo and the Customer shall be governed by Czech law.

    2. These General Terms and Conditions may be translated into other languages. In the event that a dispute arises from a difference between the language versions of the General Terms and Conditions, the Czech version of the General Terms and Conditions shall prevail.

    3. Any disputes which cannot be resolved amicably will be finally decided by three arbitrators at the Arbitration Court of the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic in accordance with its rules.

    4. Any agreements between the Contracting Parties, e-mail and other correspondence and expressions of will of the Contracting Parties made prior to the conclusion of this Contract are irrelevant to the wording of this Contract. The Contracting Parties hereby expressly agree to disregard the aforementioned materials when interpreting the intention of the Contracting Parties.

    5. The Customer may not assign the rights and obligations associated with its Customer Account, the Platform, the Applications or any part thereof, or any claim against jetveo to a third party without Jetveo’ s prior written consent.

    6. If any provision of the General Terms and Conditions is or becomes ineffective or invalid, the remaining provisions shall remain unaffected.

    7. Jetveo hereby excludes the acceptance of any offer with an amendment or deviation within the meaning of the last sentence of Section 1740(3) of the Civil Code.

    8. The failure or omission of either Contracting Party to exercise any right shall not constitute a waiver of that right for the future and shall not constitute an established practice between the Contarcting Parties.

    9. The termination or death of the Customer shall not transfer the provision of the Service and the rights and obligations related to their Customer Account to their legal successor.

    10. Important: Certain provisions of these General Terms and Conditions could be considered surprising or unreasonable. Any such provisions are indicated by the bold word “ Important” and jetveo has specifically notified the Customer in this respect, which is acknowledged by the Customer who thus agrees with the content of any such provisions.

    11. Important: The Customer is not the weaker Contracting Party. The Contracting Parties exclude the application of Sections 558(2), 1748, 1752(2), 1763, 1799 and 1800 of the Civil Code. The Customer assumes the risk of a change of circumstances.

These General Terms and Conditions shall become effective on 1 October 2021.